Eviction Lawyers Near Me Kane County – MDR Law Office – Call 630-402-0850
A landlord cannot evict a tenant without first ending the tenancy. This typically means providing the tenant with written, specific notification of the eviction. If the tenant doesn’t move out after he or she receives notice, the landlord may then file a suit to evict them. (This form of lawsuit is also known as an unlawful detainer lawsuit.) For it to be successful, the landlord has to show that the tenant did something wrong which justifies the eviction.
There are specific requirements in state law that landlords must follow in order to evict someone.
The state of Illinois has procedures regarding how to write and deliver notifications and eviction paperwork to tenants. Without a doubt, landlords must closely adhere to the state’s procedures.*
Why Landlords Might Serve Notice of Termination to a Tenant
Generally, there are only a few versions of termination notices a tenant may receive if they violate their lease or rental agreement in some way:
-A cure or quit notice. Typically, a landlord will deliver this type of notice to someone who is violating the terms or conditions of a rental agreement or lease. For example, if a tenant is keeping a dog in their apartment despite a “no pets” clause. Or, if tenant is continually making excessive, loud noise. Usually, the tenant will have a period of time to correct the violation of the rental agreement or lease.
-Pay rent or quit notice. Just like it sounds, a landlord will deliver this notice to a tenant who is not paying their rent on time. This notice typically provides a few days for the tenant to get caught up on their rent or vacate the property.
Consult with an Eviction Lawyers Near Me Kane County – Call MDR Law Office at 630-402-0850
-Unconditional quit notice. This is the most severe form of notification a tenant can receive. It orders the tenant to leave the premises without providing a chance to correct the lease violation or pay their rent. In many states, this type of notice is permissible only if the tenant:
-Repeatedly violates a significant clause in the rental agreement or lease.
-Is late with rent payments on multiple occasions.
-Causes damages to the premises or takes part in illegal activities there.
When Landlords Pursue an Eviction Lawsuit
Once a tenant receives a termination notice (and if he or she has not vacated the premises, corrected lease violations or paid rent), the landlord can move ahead with the eviction process. This entails serving a summons and a complaint for eviction. When this occurs, the court sets a date for a trial or hearing, which takes place before a judge. The tenant must attend this court date. If not, the judge most likely will rule against the tenant.
Potential Defenses against Eviction – Eviction Lawyers Near Me Kane County
It is possible for a tenant, upon appearing in court, to provide a defense that reduces their chances of getting evicted. For instance, they could point to faulty paperwork. Or, perhaps show the landlord took part in illegal behaviors such as failing to maintain the rental unit in adequate, livable conditions. The tenant could claim the Eviction Lawyers Near Me Kane County is simply retaliation for their insistence that the landlord complete necessary repairs.
Police Escorts and Eviction
Even if a landlord wins an eviction lawsuit, they cannot immediately move a tenant and their belongings out of the rental unit. Landlords must provide the court judgment to area law enforcement offices, in addition to a fee. A marshal or sheriff then provides notice that law enforcement officers will appear at the rental premises within a day or so to escort the tenant out. At that stage, it’s best for the tenant to acknowledge their situation and leave on their own accord.
Following are helpful answers to FAQs about privacy rights and rights to repairs for tenants:
-What are the main responsibilities of landlords and tenants when it comes to maintenance of a property?
According to most local and state laws, landlords must provide and maintain premises that fulfill basic living requirements. For instance, the housing must have sufficient weatherproofing, accessible heat, electricity and water.
Also, the premises must be sanitary and structurally sound. Particular standards, like the basic requirements for wiring or ventilation, for instance, are set by local housing or building codes. Your area housing or building authority can supply information on codes, violations and penalties. Many municipalities mandate smoke detectors in residential rental units and as well as basic safety measures such as keys and locks.
It is the responsibility of tenants to ensure their living space is sanitary. If they fail to maintain a satisfactorily clean environment, a tenant cannot request the landlord make repairs that are the result of their own negligence. (If there is an infestation of ants, for example.) In that situation, a landlord could get the work completed and send the bill to the tenant.
When a landlord has responsibility for making specific repairs, they can often delegate the tasks to their tenant in exchange for reducing the rent accordingly (if the tenant is in agreement). In the event the tenant does not perform the task adequately, the landlord is still responsible for maintaining the property in livable condition.
-What are potential consequences in the event a landlord does not make necessary repairs?
There are a number options available to tenants if they request repairs and a property manager or landlord doesn’t tenant fulfill habitability standards:
- -Making the repairs and deduct that cost from the following month’s rent.
- -Withhold the full rent amount until the landlord resolves the problem.
- -Pay a lower amount of rent while the property remains below acceptable living standards.
- -Contact an area building inspector. They can typically order the property manager or landlord to perform the repairs.
- -Move out of the premises without obligation for future rental payments – even during an active lease.
In addition, a tenant may file a lawsuit against a landlord to receive a refund – or partial refund – of past rent. In some situations, a tenant may sue for the distress and discomfort resulting from substandard living conditions.
If you’re a tenant with a landlord who will not maintain a livable rental property, or you are facing the possibility of Eviction Lawyers Near Me Kane County , get help from an Eviction Lawyers Near Me Kane County.
*Evictions and COVID-19
Some states and municipalities put moratoriums on evictions in place during the outbreak of COVID-19. Even without an Eviction Lawyers Near Me Kane County ban, many courts nationwide have delayed hearings on matters like evictions and other issues involving landlords and tenants. However, many courts will hear eviction cases that are based upon reasons besides non-payment of rent. For instance, issues like threating others or selling illegal drugs on the property.
Tenants have an obligation to pay rent on time regardless of whether a ban on Eviction Lawyers Near Me Kane County is in effect in their area. In addition, landlords may even be able to add late payment fees depending upon the language of the eviction ban. If you’re experiencing difficulty paying rent on time because of hardships relating to COVID-19, you may have options. Consider communicating with your landlord about your situation as soon as you can.